Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
M. Arunkumar – Appellant
Versus
State of Tamilnadu, Rep by the Director General of Police, Chennai, Tamilnadu – Respondent
ORDER :
L. VICTORIA GOWRI, J.
Preface:
The present petition raises an issue of considerable statutory importance under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, specifically the statutory bar on preliminary inquiry under Section 18A(1)(a). The petitioner, belonging to a Scheduled Caste community and serving as Administrative Trustee of a temple, alleges creation of forged documents and caste abuse. Instead of registering an FIR, the police issued two separate closure reports, one by the Inspector of Police and one by the Deputy Superintendent of Police, prompting the petitioner to invoke the inherent jurisdiction of this Court.
Facts of the case:
2. The petitioner is the Administrative Trustee of Ayyanar Kovil, situated at Erukkalainatham Village, Madurai District. The temple owns immovable property in Survey No.8/1, 8/5 measuring 2 acres and 83 cents situation in Erukkalainatham Village, Madurai District. According to the petitioner, third parties created forged sale deeds bearing Document Nos. 4945/2008 dated 14.12.2008 and 3783/2021 dated 18.08.2021 and alienated property belonging to the temple.
3. Aggrieved by the alleged forgery and caste abuse
Section 18A(1)(a) of the SC/ST Act mandates the immediate registration of an FIR upon disclosure of cognizable offences, rendering preliminary inquiries illegal and void, particularly when conducted ....
The court ruled that an FIR against a public servant cannot be issued without a preliminary enquiry, which must establish a basis for such action and is mandated by the SC/ST Act.
The presumption regarding knowledge of caste identity under the SC & ST (PoA) Act exists unless disproved, influencing liability in false litigation cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
